"Never be silent whenever wherever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." Elie Wiesel MOJUK Aims and Objectives "The courtroom, one of the supposed bastions of democracy, is
essentially a tyranny. The judge is Monarch. He is in control of the
evidence, the witnesses, the questions, and the interpretation of law." -
- Historian Howard Zinn, "Declarations of Independence" (1990) The Crown Prosecution Service, who prosecute all criminal trials, in the court room are not concerned with finding the truth but assigning blame. ======================= MOJUK is not concerned with the 'innocence or guilt' of those in jail. We are concerned only that they have been brought to trial and convicted through 'due process of law'. Miscarriages of Justice (MOJ) do not occur by chance. *'taken off the streets': Police have since their formation been in the habit of where they think someone has committed a serious crime or habitually commit crime and can't get a conviction through 'due process', resort to illegal means to get convictions. ======================= ‘Hostages of the State’. MOJUK, has no doubts what so ever that this is true as there is a chronic failure within the legal system to recognise that justice: 1. Is applied by human beings who are not infallible 2. Distortion of facts are common methods of gaining convictions 3. Police do lie, plant/conceal evidence. 4 That the theatrics of solicitors and barristers in the court room
can condemn innocent people. 7. Juries can be subject to every prejudice imaginable and are generally clueless about what is happening in the court room. 8. Accused are at the mercy of expert witnesses. Both the defence and prosecution expert witnesses will have impeccable academic qualifications, proven experience in the field. And will both be diametrically opposed to one another. 8. That though the Prosecution are legally obliged to disclose details of all the evidence and provide full access to it, prior to trial. This too frequently does not happen. (An ever increasing number of complaints to the European Court of Human Rights under article 6 'non-disclosure, are being upheld.) 10. That once convicted, no matter how clear it becomes that the conviction was wrong the Criminal Justice System, will do everything in its powers to prevent that conviction being overturned. ======================= “Anyone convicted of an offence and sentenced to a period in prison, whilst in prison serving that sentence, is entitled to be treated with respect’ and looked after in a ‘Humane’ manner by the 'Prison Service', in whose care they have been placed by the courts.” ======================= 1. To keep a up to date record of all those ‘Hostages’, who are campaigning against a miscarriage of justice 2. To provide free publicity for ‘Hostages’ where it is believed that a miscarriage has occurred. 3. To provide free pages on the ‘world wide web, where their case can be accessed by all. 4. To keep the ‘Hostages’ informed of who is campaigning, and when their appeals are to be heard. 5. To keep the ‘Hostages’ informed of convictions that have been overturned. 6. To provide a regular newsletter ’Inside Out’, which will mainly contain articles written by the ‘Hostages’ themselves. Even where it has become unmistakably clear that someone has been imprisoned wrongly, it can take years to get that person freed from prison. Appeals are more often than not unsuccessful the first time around. Many, many years can pass before that appeal date and then you lose and you are back to square one. Due to lack of progress ‘Hostages’ become the ‘forgotten’, their supporters have fallen away. MOJUK will provide free advice and assistance on how to set up a campaign to those people who claim they have been wrongly convicted and that a miscarriage of justice may have occurred. MOJUK will not discriminate on any grounds, each miscarriage of justice, will be able to put their story as they see fit. MOJUK will provide those prisoners campaigning, support and publicity during their incarceration which otherwise may not be available to them. Families and friends of those wrongly convicted, will be given free advice on how to set up campaigns, how to deal with the media, how to publicise the injustice. There are other web sites which also keep data on those wrongly imprisoned: PORTIA <http://www.portia.org/> reckons there are 3,000 persons in British prisons who have been wrongly convicted. PORTIA's UK web site was closed down by the Police Federation for publicising the 'Eddie Gilfoyle Campaign. Portia had to move their site to the USA. INNOCENT <http://www.innocent.org.uk/ > is a Manchester-based organisation which supports and campaigns for innocent people in prison. ======================= 'Inquisitorial system' v 'Adversarial system' Where cause of death is not determined - no murder charges should be
brought! In the absence of strong evidence of murder a case should not be prosecuted. Neither should evidence be allowed into court where prosecution and defence cannot agree on the value of the evidence. There is a very strong case for using the 'inquisitorial system' used in Europe, rather than the 'adversarial system' used in the UK justice system. 'Inquisitorial system' 'Adversarial system' A new study that the Home Office has set up, at the behest of Ludovic Kennedy, being carried out by the British Institute of International and Comparative Law, to compare our 'adversarial system' against the European 'inquisitorial system'. In Europe they use the 'inquisitorial system' If it's a science, then the facts should be agreed before the trial proceeds; if they cannot come to agreement, then it should not be allowed in court, as the onus is on innocent until proven guilty. An inquisitorial system in forensics would go a long way to prevent
miscarriages of justice and the unnecessary suffering that the innocent,
and their families, have to endure. MOJUK founded in 1996 by John O to keep alive the stories of those people in prisons nation-wide who are campaigning against a miscarriage of justice. MOJUK is non-political, non-profit making, non-funded |